TERMS AND CONDITIONS
1. Introduction
These Terms and Conditions set out the provision of Recognition of Prior Learning (RPL) services facilitated by Certify You Australia Pty Ltd (“Certify You”, “we”, “our”, or “us”) to an applicant (“you”) seeking nationally recognised qualifications issued by a Registered Training Organisation (RTO) in accordance with the Standards for RTOs 2025 (or their successor).
2. Background
2.1 Registered Training Organisations (RTOs) are authorised by the Australian Skills Quality Authority (ASQA) to issue nationally recognised qualifications within their approved scope of registration.
2.2 One common pathway to attain a qualification involves enrolling in and completing a structured course delivered by an RTO. These courses are designed to equip learners with the knowledge and practical skills required to demonstrate competency in all units or components of a qualification.
2.3 However, skills and knowledge are not exclusively acquired through formal education. Individuals often acquire substantial expertise through practical work experience, on-the-job training, and other informal learning methods. In many cases, this informal learning is equivalent to, or exceeds, the competencies expected of a qualification. RTOs recognise and assess the existing skills and knowledge of an applicant and may issue qualifications to individuals who, without completing a formal course, can provide sufficient evidence of their competence. This process is formally referred to as Recognition of Prior Learning (RPL).
2.4 RTOs have a duty to ensure that any applicant seeking a qualification through RPL genuinely meets all competency requirements across the relevant units. This is achieved through an assessment process that involves mapping the applicant’s existing skills and knowledge with the Unit of Competency of the qualification. Applicants must produce a body of evidence that satisfies defined assessment criteria and standards.
3. Role of Certify You in the RPL Process
3.1 Obtaining a qualification through RPL can be complex for applicants. Challenges may include:
a) Identifying appropriate qualifications aligned with their informal experience and training;
b) Approaching an RTO to initiate the RPL process; and
c) Gathering, structuring, and presenting the necessary evidence to demonstrate competence.
3.2 Certify You supports applicants throughout the RPL process. While Certify You is not an RTO, it acts as a facilitator of RPL Services. Its functions include:
a) Establishing partnerships with RTOs that are open to assessing RPL applications;
b) Interpreting RTO criteria for qualifications based on information provided by RTOs;
c) Assessing whether, based on declared experience and training, an applicant is likely eligible for a qualification (subject to evidence);
d) Assisting applicants in preparing, compiling, and organising supporting evidence of competency;
e) Coordinating communication with RTOs;
f) Coordinating any required Gap Training;
g) Supporting applicants through the assessment process and appeal options, where available;
h) Forwarding qualifications and supporting documents issued by RTOs upon successful assessment.
3.3 Certify You’s RPL Services are provided based on:
a) Information received from RTOs regarding the requirements for qualifications or Statements of Attainment; and
b) Information provided by the applicant about their experience and training.
3.4 Any preliminary indication by Certify You that an applicant may be eligible for a qualification is conditional on the assumption that their claimed experience can be evidenced.
3.5 Applicants acknowledge that RTOs conduct assessments independently, and Certify You cannot guarantee any outcome or successful issuance of a qualification.
3.6 If Certify You reasonably believes an applicant is unlikely to meet the assessment requirements for a qualification, it:
a) will not proceed with providing RPL Services; and
b) will not charge any service fees.
4. Role of Registered Training Organisation (RTO)
4.1 The nationally recognised qualification will be issued solely by an RTO registered with the Australian Skills Quality Authority (ASQA) or relevant registering body.
4.2 The RTO is solely responsible for conducting the final assessment of your competency and for issuing qualifications in accordance with the applicable training package and legislation.
4.3 You will be required to formally enrol with the RTO before any qualification is issued.
5. Role of Applicant
5.1 Applicants must act in good faith and must not submit any false, misleading, or deceptive information.
5.2 Applicants are responsible for determining whether they can meet the evidentiary and competency standards, particularly when this information is provided prior to enrolment.
5.3 Upon enrolment, applicants must:
a) Provide 100 points of identification;
b) Supply their Unique Student Identifier (USI) if not already held.
5.4 All evidence and supporting documents must be submitted electronically unless advised otherwise and must not be plagiarised.
5.5 Applicants are also expected to:
a) Cooperate fully in the evidence collection and RPL process;
b) Provide timely and complete documents;
c) Complete and sign all RTO forms;
d) Disclose any previous enrolments or assessments with RTOs for the same qualification;
e) Not misrepresent or falsify any information or documentation;
f) Respond promptly to further information requests during assessment judgment.
5.6 Applicants may be required to authorise Certify You to:
a) Submit RPL applications on their behalf;
b) Communicate with the RTO regarding their application;
c) Share and receive relevant information with/from the RTO.
6. Eligibility and Evidence
6.1 RPL is assessed based on sufficiency, authenticity, currency, and relevance of the evidence provided by the applicant in relation to the qualification requirements.
6.2 Applicants must submit accurate, complete, and verifiable documentation, which may include (but is not limited to):
a) Certified copies of qualifications and academic transcripts;
b) Employment references and position descriptions;
c) Work samples, portfolios, and third-party reports;
d) Licences or certifications;
e) Statutory declarations or signed third-party statements of experience;
f) Evidence of professional development, training, or workshops;
g) Other forms of supporting documentation as requested by Certify You or the RTO.
6.3 All evidence provided must be in English or accompanied by a certified English translation.
6.4 Certify You reserves the right to refuse to proceed with an RPL application if:
a) The evidence is insufficient to meet competency requirements;
b) The documents submitted are fraudulent, altered, or not authentic;
c) The information provided cannot be verified within a reasonable timeframe; or
d) The applicant fails to respond to reasonable requests for clarification or additional information.
6.5 The applicant acknowledges and accepts that a successful outcome of the RPL process is not guaranteed, and that the final decision rests solely with the RTO responsible for issuing the qualification.
7. Account Management and Scope
7.1 Upon enrolment, an applicant is assigned an Account Manager, who serves as the primary point of contact.
7.2 Certify You reserves the right to reassign Account Managers as necessary.
7.3 Certify You only facilitates applications to the third-party agent Max Education Pty Ltd and/or RTOs with which it has active working relationships and who agree to consider RPL applications.
7.4 If, after reviewing supporting evidence, Certify You reasonably believes the applicant will not meet the RTO’s competency standards, it will notify the applicant and request more evidence.
7.5 Certify You will promptly inform you and, where possible, provide details of alternative RTOs who may be able to assess the applicant if, during the RPL process, the nominated RTO:
a) Ceases or is unable to continue operations;
b) Alters its Scope of Registration and can no longer issue the sought qualification; or
c) Ends its relationship with Certify You.
8. GAP Assessments
8.1 During the RPL process, the RTO may request an applicant to complete an additional assessment to demonstrate competency. This process is commonly known as a GAP Assessment.
8.2 As part of the GAP Assessment, the applicant may be required to:
a) Attend additional interviews; and/or
b) Complete skills demonstrations; and/or
c) Complete other types of assessments, including online-based sessions.
8.3 Failure to complete the GAP Assessment may compromise the outcome of the RPL process.
8.4 If a missed appointment results in rescheduling, the applicant agrees to pay the associated fee, which will be the greater of $100 or any pre-disclosed amount.
9. Limitation of Liability
9.1 Certify You provides a facilitation service only and does not guarantee the outcome of your RPL application.
9.2 Certify You is not liable for any decisions, actions, or omissions of the RTO.
9.3 Certify You is not responsible for delays caused by incomplete documentation, RTO processing timeframes, or changes in regulatory requirements.
9.4 Certify You and anyone working with us, including team members, contractors, and partners, are not responsible for any loss, damage, costs, or claims you may experience, whether direct or indirect, including lost income, savings, data, or replacement costs.
10. Confidentiality and Privacy
10.1 Certify You complies with the Privacy Act 1988 (Cth) and will handle personal information in accordance with its Privacy Policy.
10.2 Applicant information will only be shared with Max Education Pty Ltd, the relevant RTO, or regulatory authorities as required by law or necessary for service delivery.
11. Termination of Contract
11.1 These Terms remain in effect until terminated by either party.
11.2 You may terminate these Terms by providing a minimum of ten (10) days’ written notice via email to [email protected], including your full name, contact details, application reference number (if applicable), and reason for termination.
11.3 Certify You will acknowledge receipt of the termination request in writing within a reasonable timeframe.
11.4 You should retain copies of all termination correspondence.
11.5 Certify You may terminate these Terms with thirty (30) days’ written notice if you breach or are reasonably believed to intend to breach these Terms, or if termination is required by law.
11.6 Certify You may suspend, restrict, or revoke access to services without notice if you breach these Terms, violate laws, damage Certify You’s reputation, or infringe the rights of others.
12. Fees
12.1 Certify You will disclose all applicable service fees prior to commencing services.
12.2 Fees paid to Certify You cover RPL facilitation services only and do not guarantee qualification issuance.
12.3 Fees paid to the RTO are subject to their separate terms and conditions.
12.4 Fees are subject to change without notice.
12.5 Certify You is not liable for service modifications, price changes, suspension, or discontinuance.
13. Refund Policy
13.1 Refunds may be available in accordance with Certify You’s Refund Policy.
13.2 Deposits are refundable only if:
a) Written withdrawal is received within ten (10) days of application or prior to submission to the RTO;
b) The RTO determines a qualification cannot be issued;
c) A refund is required under Australian Consumer Law; or
d) Certify You terminates these Terms.
13.3 Fees are otherwise non-refundable and forfeited after one (1) month of inactivity.
13.4 Regulatory changes may affect refund eligibility.
13.5 Approved refunds will be processed within fourteen (14) calendar days.
14. Complaint and Appeal Process
14.1 Complaints or appeals must be submitted to [email protected].
14.2 Appeals must be lodged within ten (10) days of decision notification.
14.3 Certify You will respond within the stated timeframes.
14.4 External escalation options remain available if internal resolution is unsuccessful.
15. Changes to Terms
Certify You may amend these Terms at any time. Updated versions will be published on its website.
16. Governing Law
These Terms are governed by the laws of the State or Territory in which Certify You operates.
17. Acceptance of Terms
By engaging Certify You’s services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
18. Severance
If any provision is found unenforceable, it will be severed and the remaining provisions will remain in force.
